Search Consultants of New England, Inc. v. Driven, Inc., No. 1:2020cv00121 - Document 19 (E.D. Va. 2020)
Court Description: MEMORANDUM OPINION. Signed by District Judge T. S. Ellis, III on 5/13/2020. (dvanm, )
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Search Consultants of New England, Inc. v. Driven, Inc. Doc. 19 Case 1:20-cv-00121-TSE-IDD Document 19 Filed 05/13/20 Page 1 of 8 PageID# 120 Dockets.Justia.com Case 1:20-cv-00121-TSE-IDD Document 19 Filed 05/13/20 Page 2 of 8 PageID# 121 Complaint and the affidavit of Karen Holt,plaintiffs Senior Partner. See Continental Properties, Inc. v. Ullman Co., 436 F. Supp. 538,540 (E.D. Va. 1977) (in resolving a motion brought pursuant to Va. Code§ 13.l-758's predecessor,Va. Code§ 13.1-119,the district court considered facts from the complaint as supplemented by the parties' submissions); see also Rock-Ola Mfg. Corp. v. Wertz, 249 F.2d 813,814 (4th Cir. 1957) (resolving threshold motion to dismiss based on foreign corporation's lack of certificate of authority after taking evidence as to the nature and extent of the foreign corporation's activity in Virginia). Accordingly,the pertinent facts are as follows: • Plaintiff is a corporation organized under the laws of Maine and headquartered in Kennebunkport,Maine. Plaintiff provides professional recruiting services. • Plaintiffs sole place of business is in Maine. Plaintiff does not have any offices, employees,directors,or property in Virginia. • Plaintiff never performed any services or work while physically present in Virginia and plaintiff does not use any Virginia entity in plaintiffs work. • Defendant is a corporation organized under the laws of Virginia and headquartered in Falls Church,Virginia. Defendant specializes in products and services related to electronic discovery used in litigation. • Plaintiffs Senior Partner, Karen Holt,met an employee of defendant's New York office, Todd Messina,at a legal technology conference held in New York. • When Messina expressed interest in a job candidate represented by plaintiff,Holt sent a proposed Fee Agreement to Messina. Messina forwarded this proposal to defendant's Chief Executive Officer,Oswaldo Jimenez. • Jimenez and Holt negotiated a final Fee Agreement via telephone and email. • On March 3,2015,defendant entered into the final Fee Agreement with plaintiff for professional recruiting services. Defendant's CEO,Jimenez,executed the final Fee Agreement on defendant's behalf. • The Fee Agreement provides that defendant must pay plaintiff certain fees when defendant hires a candidate that plaintiff has referred to defendant within the previous twelve months. 2 Case 1:20-cv-00121-TSE-IDD Document 19 Filed 05/13/20 Page 3 of 8 PageID# 122 Case 1:20-cv-00121-TSE-IDD Document 19 Filed 05/13/20 Page 4 of 8 PageID# 123 Case 1:20-cv-00121-TSE-IDD Document 19 Filed 05/13/20 Page 5 of 8 PageID# 124 Case 1:20-cv-00121-TSE-IDD Document 19 Filed 05/13/20 Page 6 of 8 PageID# 125 Case 1:20-cv-00121-TSE-IDD Document 19 Filed 05/13/20 Page 7 of 8 PageID# 126 Case 1:20-cv-00121-TSE-IDD Document 19 Filed 05/13/20 Page 8 of 8 PageID# 127
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